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sansh (not working)     28 December 2014

Remedy against false complaint?

Is there any legal remedy against false complaint registered in the police station? the complaint is of civil nature.



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 7 Replies

Jai Karan Nagwan (consultant)     28 December 2014

Can you please elaborate facts of complaint

Dr J C Vashista (Advocate)     29 December 2014

Move to the High court for quashing the FIR, if lodged.

Ravi (Consultant)     29 December 2014

How much time HC will take to quash ?

on what merits HC will quash the case

is there any time limit or i have to ask to speedup if its delayed

sansh (not working)     30 December 2014

FIR has not been lodged yet. it has been 3 months. Should we wait or conclude the complaint is closed?

T. Kalaiselvan, Advocate (Advocate)     31 December 2014

If there is no FIR, it means there is no case yet.  In the period of three months if th police is not initiating any action in furtherance, you may just wait and watch the developments.  do not go for any defensive action so soon which may back fire.

Shantanu Wavhal (Worker)     31 December 2014

[ 8 ] M. L. Sethi vs R. P. Kapur & Anr on 23 September, 1966

Equivalent citations: 1967 AIR 528, 1967 SCR (1) 520

..... This provision in clause (b) of sub-s. (1) of s. 195 is thus clearly a limitation on the power of the Court to take cognizance under s. 190. Consequently, it is at the stage when a Magistrate is taking cognizance under s. 190 that he must examine the facts of the complaint before him and determine whether his power of taking cognizance under s. 190 has or has not been taken away by cl. (b) of sub-s. (1) of s. 195, Cr. P.C. .....

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..... if a private person, aggrieved by the information given to the police, files a complaint for commission of an offence under s. 211, 1. P. C., at any stage before a judicial order has been made by a Magistrate, there can be no question, on the date on which cognizance of that complaint is taken by the Court, of the provisions of s. 195(1) (b) being attracted, because, on that date, there would be no proceeding in any Court in existence in relation to which the offence under s. 211, 1. P. C., can be said to have been committed. The mere fact that on a report being made to the police of a cognizable offence, the proceedings must, at some later stage, end in a judicial order by a Magistrate, cannot, therefore, stand in the way of a private complaint being filed and of cognizance being taken by the Court on its basis.

 

Shantanu Wavhal (Worker)     31 December 2014

also ipc 182 can be filed to the public authority

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